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Defense Verdict Obtained in Trade Secrets Case

Summer 2009

After a two-week jury trial, Thomas Fiddler obtained a defense verdict in the Lehigh County Court of Common Pleas in a trade secret case concerning the electroplating of metals. The plaintiff sought $15 million in damages and a permanent injunction. According to the plaintiff, it invented certain techniques and designs, which made the electroplating process more efficient and cost-effective. The plaintiff claimed that the defendant clandestinely incorporated those techniques and designs into its operations to avoid paying royalties. Through expert testimony, Tom was able to establish that the plaintiff’s alleged electroplating trade secrets had long been a part of the industry knowledge and hence were not “secrets.” Tom also established through cross-examination of plaintiff’s own expert witness that the defendant was not using the alleged trade secrets inside of its manufacturing plant.

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